Tough, Tenacious Defense Against Sex Crime Charges
In New York, sex crimes come with very serious consequences. All too often, misunderstandings about the law can result in very serious criminal charges.
If you are facing charges based on allegations of a sex crime, Frost & Kavanaugh is here and ready to fight for you. Our sex crime defense attorneys in Troy and Albany counties understand our state’s laws and can apply our decades of experience to your defense.
Request representation from Frost & Kavanaugh today by calling 518-629-0230.
Types Of Sex Offenses
The punishment for those convicted of sex offenses in New York varies based on the specific charges. If you are facing sex charges of any kind, you need an experienced sex crime defense attorney to defend you. Remember: not every attorney knows how to handle sex crimes. At Frost & Kavanaugh, we have extensive experience representing New Yorkers charged with sex crimes:
- Sexual misconduct: Sexual misconduct is a Class A misdemeanor, punishable by up to a year in jail or three years of probation.
- Rape: In New York, rape charges range from first to third degree. Some rape charges are based on the age of the actor and the age of the alleged victim. The rape charges are based on a person being incapable of consenting (because of their age, or being intoxicated by drugs or alcohol), a person not consenting, or a person being forced to comply.
- Criminal sexual act: Similar to rape charges, charges involving criminal sexual acts are based on the age of the alleged victim, the lack of the victim’s ability to consent (because of their age, or being intoxicated by drugs or alcohol), or a person who does not consent to the acts. Charges involving allegations of criminal sexual acts are different than rape charges in that the conduct alleged involves oral sexual conduct or anal sexual conduct.
- Predatory sexual assault: A person is guilty of predatory sexual assault when they commit a Class B felony sex crime (rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree) and threaten the use of a weapon, or cause serious injury, or have been previously convicted of certain sex crimes.
- Sexual abuse: Sexual abuse crimes involve sexual contact. Under the law in New York state, criminal sexual contact refers to touching sexual or intimate parts for the purpose of gratifying sexual desire. It includes the actor touching the victim and the victim touching the actor. This can occur directly on the skin or through clothing. Just as with rape and criminal sexual acts, there is a range of consequences based on certain factors specific to the incident. The range of charges varies from Class B misdemeanors, punishable by up to three months’ incarceration, to Class A misdemeanors, punishable by up to a year in jail, to Class D felonies, punishable by up to seven years in prison
Consequences Of Sex Crimes
The consequences of rape and criminal sexual acts vary based on severity. Third-degree charges are Class E felonies, punishable by up to four years in prison. Second-degree charges are Class D felonies, punishable by up to seven years in prison. First degree charges are Class B felonies, which can be sentenced to up to 25 years in prison. Predatory sexual assault is a Class A-II felony, and someone convicted of this can receive a sentence up to life in prison.
But there is another important consequence for being convicted of a sex crime: Registration as a sex offender. Level One sex offenders (the lowest level) must register as a sex offender for 20 years; Level Two sex offenders must register for life but can request to be relieved from registering after 20 years; Level Three sex offenders must register for life. The public may have access to the offender’s name, address, picture, and crime of conviction, depending on the level the judge assigns.
A person’s registration level is determined after a court hearing before a judge. Typically, prosecutors try to get defendants classified as Level Two or Level Three. But, you can fight this classification. While there is no “Level Zero,” meaning no requirement to register, it is possible to get down to the lowest level, Level One. At Frost & Kavanaugh, we are well experienced in fighting SORA hearings.
While defending sex offenses is difficult, all is not lost. There are defenses that can be employed to fight your charges.
Possible defenses include:
- Misidentification: With this defense, you are claiming that the alleged victim has identified the wrong person. This usually involves DNA analysis and typically requires an expert witness to defend. Often, prosecutors claim they have a DNA “match,” but what they really have is a DNA sample that could include the person accused, but also includes thousands – or even hundreds of thousands – of other people too.
- Consent defenses: In certain cases, one might have a legal defense to the allegation of lack of consent. For example, where a person is incapacitated due to mental disability or incapacitation, or when one is physically helpless, it is an affirmative defense that the defendant was unaware of the facts or conditions responsible for the incapacity.
Seek Representation From Our Sex Crime Defense Attorneys
If you have been charged with a sex crime or if law enforcement has indicated they would like to talk to you about a sex crime, you need an experienced criminal defense attorney who is well versed in representing people charged with sex crimes. Remember: Sometimes the best time to call a criminal defense attorney is before you have been charged with a crime. Contact Frost & Kavanaugh as soon as possible. We have 50 years of experience representing people facing criminal charges and litigating cases in court. We are not afraid to go to trial if necessary to protect you.
We recognize every case is different. At Frost & Kavanaugh, we believe individual attention to each client is one of the keys to our success. Our sex crime defense attorneys take the time to get to know our clients and their circumstances. We believe this is the only way to truly determine what is the best course of action for a client in a given case. Our team looks forward to talking to you about your situation today.